Application of the 1996 Hague Convention on parental responsibility and child protection measures in Türkiye (2017–Present): a procedural law perspective

The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (hereinafter the Convention) entered into force in Türkiye on 1 February 2017. The Convention is founded on the paramount best interests of the child and governs matters concerning jurisdiction, applicable law, the recognition and enforcement of decisions, and inter-State cooperation. However, there is currently no implementing legislation in force regarding the Convention. Consequently, the Convention has not been given due consideration in practice by implementing bodies. Pursuant to Article 15 of the Convention, as the applicable law is determined in accordance with the law of the forum, a clear understanding of the provisions relating to jurisdiction significantly facilitates the determination of the applicable law. Accordingly, this article aims to analyse the rules on international jurisdiction of the Turkish courts under the Convention, as well as the recognition and enforcement in Türkiye of decisions rendered in contracting states within its scope. In this context, the article also incorporates judicial decisions concerning the application of the Convention by Turkish courts.